Time limit for appeal in the same or higher courts
yeteendra naidu
(Querist) 27 August 2014
This query is : Resolved
My sister was GPA holder for four(A,B,C,D) of my siblings out of six in a partition suit for
house property and a coop society plot which my father owned. The other two (E & F )siblings who happened to be not married at the time of my father's death. a year before his death he nominated these two(E,F) siblings for the coop plot as all others were given gold, furniture and other household goods apart from cash and expenditure on account of their marriages. Hence E& F contested the suit. Eventually as the petitioner/s abstained continuously the partition suit was dismissed by the H'ble High Court for default,in the year 2012.
Please let me know if there is any possibility for the petitioner/s to appeal in Supreme Court for reviving the case in the same High Court after lapse of 3 years almost, if yes, kindly specify the circumstances/grounds under which the suit could be restored or taken up and what is the time limit for this.When the GPA is given to A and is in force, can B or C or D file any sort of suit individually for partition in any court ?
ajay sethi
(Expert) 27 August 2014
you will have to take out a notice for setting aside order of dismissal of suit . you will have to explain why petitioner remained absent continuously for many dates . also delay in taking out motion for 2 years has to be explained .
Rajendra K Goyal
(Expert) 27 August 2014
Delay has to be explained, agree with the expert ajay sethi ji.
Dr J C Vashista
(Expert) 27 August 2014
The suit can be revived in High Court explaining delay as advised by expert Sh. Ajay Sethi ji.
However, no appeal lies in Supreme Court till it is decided/dismissed on merits.
P. Venu
(Expert) 27 August 2014
It appears that you had raised queries on similar lines earlier. It is also seen that you are less than forthright in placing all the material facts.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
Since the suit has been dismissed for default, a restoration petition may be filed along with delay condone petition. However as partition has not happened, afresh partition suit may also be filed as per the changed circumstances.
